Frederick S. McHenry v. United States

DYK, Circuit Judge.

Appellant, Major Frederick S. McHenry (“McHenry”), appeals the decision of the Court of Federal Claims granting the government’s motion for judgment upon the administrative record and upholding the 30% disability rating assigned to McHenry by the Navy’s Physical Evaluation Board (“PEB”), based upon his level of impairment as a result of HIV infection, which is a precursor to AIDS. We affirm the decision of the Court of Federal Claims.

BACKGROUND

I

Congress has provided that, upon the pertinent Secretary’s determination that a service member is “unfit to perform the duties of…